Permitted Development Amended to Require Report on Fire Safety

PERMITTED DEVELOPMENT RIGHTS have now been amended to require a fire safety report confirming the fire resistance of external walls.

The Ministry of Housing, Communities and Local Government (MHCLG) has written to local authorities advising them that Permitted Development rights have been amended from 30 December 2020.

Since the tragedy at Grenfell Tower, the government’s Building Safety Programme has sought to replace dangerous ACM and other cladding systems to avoid external fire spread in buildings over 18m tall.

Permitted Developments Amendment

The amendment is to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GDPO) on permitted development rights.

The amendment introduces an additional requirement for prior approval to two permitted development rights which allow extra storeys to be added to existing buildings.

These rights are:

• Class A new dwellinghouses on detached blocks of flats
• Class AA new dwellinghouses on detached buildings in commercial or mixed use of Part 20 to the Order.

The new requirement requires a developer seeking prior approval under those classes in relation to an existing building, which is 18 metres or more in height, to provide a report from a chartered engineer or other competent professional confirming that the external wall construction of the existing building complies with paragraph B4(1) of Schedule 1 to the Building Regulations 2010 (S.I. 2010/2214) to the local planning authority.

Paragraph B4(1) provides that the external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building.

Where a report is not provided the local planning authority must refuse prior approval. The precise format of the report is not specified.

Fire Safety Reports

In guidance to local planning authorities the MHCLG says it does not expect them to have the expertise to scrutinise such reports in detail, but that they should take reasonable steps to satisfy themselves there is no reason to doubt the conclusions of the report. It warns that historic building regulations approval should not be taken as evidence that a building is safe.

It also says that planning authorities should also take reasonable steps to satisfy themselves that the reports have been produced by suitably qualified and experienced professionals, although there is no exhaustive list of qualifications. A competent fire safety professional may be used for straightforward buildings. For more complex buildings, a qualified engineer experienced in the fire testing of building products and systems, such as a Chartered Engineer would be suitable.

If the local planning authority is not satisfied with the expertise of the author of the report, they may refuse prior approval.

The letter to local authorities can be viewed here.